Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2009] AATA 127
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2007/6222
GENERAL ADMINISTRATIVE DIVISION ) Re MAURA CATHERINE MILLICHAP Applicant
And
COMCARE
Respondent
DECISION
Tribunal Deputy President P E Hack SC Date26 February 2009
PlaceBrisbane
Decision The Tribunal sets aside the decision under review and substitutes a decision that Comcare is liable to pay Mrs Millichap compensation in accordance with the Safety, Compensation and Rehabilitation Act 1988 (Cth) in respect of the condition of adjustment disorder with mixed anxiety and depressed mood.
.................[Sgd].............................
Deputy President
CATCHWORDS
WORKER’S COMPENSATION - Commonwealth Employees – adjustment disorder contributed to by employment - failure to obtain a transfer or benefit – insufficient evidence that any failure to obtain a benefit caused, or contributed to the disease or injury - decision under review set aside - substitute a decision of liability to pay compensation in respect of the condition of adjustment disorder with mixed anxiety and depressed mood.
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 7(4)
Trewin v Comcare (1998) 84 FCR 171
Hart v Comcare (2005) 145 FCR 29
REASONS FOR DECISION
26 February 2009 Deputy President P E Hack SC introduction
1.The applicant, Mrs Maura Millichap, was an employee of the Australian Taxation Office (the ATO) between November 2000 and July 2007. In December 2006, Mrs Millichap commenced suffering from a psychiatric condition subsequently described as an adjustment disorder with mixed anxiety and depressed mood.
2.Mrs Millichap attributes this condition to her employment in the ATO. The respondent, Comcare, accepts that Mrs Millichap suffers from the condition and that her employment contributed in a material degree to the condition [1].
[1]Exhibit 9, paragraph 4.4
3.But Comcare says that it is not liable to pay compensation to Mrs Millichap because her failure to obtain a transfer or benefit in connection with her employment contributed to the condition. Thus, it is said, her condition does not answer the description of injury in the compensation legislation.
4.The only issue to be decided is whether that contention is made good.
the legislation
5.By virtue of s 14 of the Safety, Rehabilitation and Compensation Act1988 (Cth), Comcare is liable to pay compensation in accordance with that Act in respect of an injury suffered by an employee if that injury results in death, incapacity for work or impairment.
6.The expression “injury” was defined at the time[2] as meaning, relevantly:
[2]It has since been amended by the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth)
“(a)a disease suffered by an employee; or
(b)an injury (other than a disease) suffered by an employee, being a physical or mental injury arising out of, or in the course of, the employee’s employment; or
(c)…
but does not include any such disease, injury or aggravation suffered by an employee as a result of reasonable disciplinary action taken against the employee or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her…
Keep reading for free
Create a free CaseChat account to read MAURA CATHERINE MILLICHAP and COMCARE and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] AATA 127
- Decision Date
CaseChat Overview and Summary
The Tribunal considered whether the applicant had established that her employment contributed to her condition, and whether there was a failure to obtain a transfer or benefit that caused or contributed to the disease or injury. The Tribunal found that there was insufficient evidence to establish that any failure to obtain a transfer or benefit caused or contributed to the applicant's condition. However, the Tribunal found that the applicant's employment did contribute to her condition. The Tribunal noted that the applicant had presented evidence of ongoing stress and anxiety related to her employment, which contributed to her condition.
The Tribunal set aside the decision under review and substituted a decision that Comcare is liable to pay the applicant compensation in respect of her condition of adjustment disorder with mixed anxiety and depressed mood. The Tribunal noted that the applicant's condition was a result of her employment, and that Comcare is liable to pay compensation in accordance with the Safety, Compensation and Rehabilitation Act 1988 (Cth).
Orders
Orders of the court
The Tribunal sets aside the decision under review and substitutes a decision that Comcare is liable to pay Mrs Millichap compensation in accordance with the Safety, Compensation and Rehabilitation Act 1988 (Cth) in respect of the condition of adjustment disorder with mixed anxiety and depressed mood.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.